Legal Question in Family Law in Texas

I , am getting a divorse and i wanted to know if he fights me for my son who is disable and wins can my son who is 13 years old can he tell them who he wants to live with ? i have always been the one who has taking care of him my husband never wanted nothing to do with him befor, and on top of that he has abuse me in front of my son, what can i do?


Asked on 10/21/11, 7:51 am

1 Answer from Attorneys

James Bayles The Bayles Law Firm

At 13, the judge can interview and listen to his preferences, but will still determine custody based on the best interests of you son, not what he wants. If you have ever filed for domestic violence against your husband, or have any other proof of abuse, the judge will take that into account. In your case, if you can afford an attorney, you should hire one. If you cannot afford one, contact an abuse shelter in your area and ask for referrals to low cost or free legal services. This is too important an issue for both you and your son for you to attempt to handle it without help.

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Answered on 10/22/11, 4:07 pm


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